Opinion
I. D Nos. 9907011615, 0001004515.
Decided: October 31, 2000.
UPON DEFENDANT'S MOTION TO WITHDRAW PLEA DENIED.
ORDER
This 31st day of October, 2000, upon review of the record in this case and the papers filed by the parties, it appears that:
(1) Defendant, John E. Foster, was charged with Burglary, Third Degree, Misdemeanor Theft, and Criminal Mischief under I. D. number 9907011615. Defendant was charged with Possession with Intent to Deliver Cocaine, Possession of Cocaine with 1000 Feet of a School and Resisting Arrest under I.D. number 0001004515.
(2) On August 8, 2000, Defendant entered a guilty encompassing both above-captioned I.D. numbers pursuant to Superior Court Criminal Rule 11 (e)(1)(C). Defendant pleaded guilty to Possession within 1000 Feet of a School, and Burglary, Third Degree. Under the terms of the plea agreement, Defendant was to admit habitual offender status under 11 Del. C. § 4214 (a).
(3) On October 4, 2000, Foster filed a motion to withdraw his guilty plea. In support of the motion, Foster states only that, "The Defendant represents that he did not enter the plea knowingly, intelligently or voluntarily." Superior Court Criminal Rule 32(d) allows the Court to permit a defendant to withdraw his guilty plea prior to sentencing upon a showing by the defendant of "any fair and just reason." The burden is upon the defendant to articulate sufficient reason to meet the fair and just standard. State v. Friend, Del. Super., Cr. A. No. IN93-08-0361, Carpenter, J. (May 12, 1994), Order at 3, aff'd, Del. Supr., No. 75, 1996, Walsh, J. (Aug. 16, 1996).
(4) The Court finds that Foster's conclusory allegation that he did not enter his plea knowingly, intelligently or voluntarily is insufficient to meet his burden to show fair and just reason to withdraw his guilty plea. Specifically, Foster asserts no facts to support his allegation.
For the foregoing reasons, the Motion to Withdraw Plea filed by Defendant, John Foster, is DENIED.
IT IS SO ORDERED.